Trading Competition Terms and Disclaimers
Terms of Service and Disclaimers
Premia Blue’s Trading Competition
Terms of Service and Disclaimers
Please read these Terms of Service and Disclaimers (these “Terms”) carefully as they form a binding agreement between you and the operator of the Premia Ecosystem of smart contracts (“Premia”), and govern your entry and involvement in the Premia Blue Trading Competition (the “Trading Competition”) and use of the related Premia services (the “Services”). By entering into the Trading Competition, you agree to be bound by and comply with these Terms.
1. CONTACT
If you have any questions about these Terms, please get in touch with Premia by emailing contact@premia.blue.
2. GENERAL ELIGIBILITY
In order for you to participate in the Trading Competition, you represent and warrant that you satisfy the following general eligibility requirements:
• Age: You must be at least 18 years of age, or higher based on the age of majority in your jurisdiction.
• Location: You are not located in or a resident of China, Cuba, Crimea and Sevastopol, Iran, Afghanistan, Syria, North Korea, or any other country in which participation in the Trading Competition may be restricted or considered unlawful, such as Thailand and Malaysia (each a “Restricted Country”).
• Individual Person: You may only enter and participate in the Trading Competition on your own behalf as an individual, natural person. You may not enter or participate on behalf of a legal entity, or other group or organization.
3. GENERAL CONDITIONS
In addition to any other conditions included in these Terms with which you must comply, please also be aware of the following:
• Compliance with Applicable Laws: You must comply with all applicable laws, regulations and rules and not be prohibited from using the Services in any way due to applicable laws, regulations, and rules, including if you are located in a Restricted Country.
• No Use in Restricted Countries: You must not access or use, or attempt to access or use, the Services while located in a Restricted Country. For the avoidance of doubt, the Services are not offered to those in Restricted Countries, and you must not seek or attempt to circumvent the measures and procedures in place to access the Services from a Restricted Country.
• One Account Per User: You must only use one account to participate in the Trading Competition. You may not participate in the Trading Competition if your account (or an account for any other service or application of a Premia group company) has been disabled in the past.
• Prohibited Conduct: When using the Services, you will not, nor permit any person to: use the Services in any unlawful manner or for an unlawful purpose; violate or infringe the rights of Premia, Premia’s users, or other third parties, including rights in respect of privacy, intellectual property, or other proprietary rights; provide false, inaccurate or misleading information; transmit any communication, material, or other content that is illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or which could instigate or encourage conduct that would be illegal or otherwise inappropriate, including promoting violent crimes; impersonate a person or an entity; or otherwise seek to harm Premia or any of Premia’s users or customers.
• Account Security: You are responsible for keeping your device, your cryptocurrency wallet address, your account, and any security codes/passwords safe and secure. If your account has been hacked, compromised, or breached in any way, please contact Premia immediately at contact@premia.blue.
4. WALLET SCREENING – ANTI-MONEY LAUNDERING (“AML”) / COMBATING THE FINANCING OF TERRORISM (“CFT”)
In addition to any other conditions included in these Terms, please also be aware that Premia utilizes third party software provided by Elliptic Enterprises Limited (“Elliptic”) to screen the digital wallet for each entrant to the Trading Competition as part of Premia’s AML/CFT policies. Elliptic analyzes all transactions across all major blockchains and assets and provides a holistic wallet risk score for each digital wallet, reflecting the likelihood that the wallet has been utilized in illicit or otherwise improper conduct. Per Premia’s policies, the holder of a wallet with a risk score beyond an established threshold will be denied use of the use of the Trading Competition Services. Premia does not store wallet risk scores, nor use the wallet risk scores for any purpose beyond determining eligibility of a particular wallet holder to use the Trading Competition or other Premia Services.
In order for you to participate in the Trading Competition, you represent and warrant that Premia may facilitate the AML/CFT screening of your presented digital wallet, strictly for the purposes of developing a holistic risk score associated with your wallet. You also acknowledge that if Premia determines your wallet risk score to be beyond Premia’s acceptable threshold, you may not participate in the Trading Competition.
If you receive a message that your wallet has been deemed too high-risk to utilize Premia’s services, and you have related questions, please email contact@premia.blue.
5. LICENCES AND INTELLECTUAL PROPERTY
Premia retains ownership and/or control, as appropriate, of the Services and all intellectual property rights therein, including all copyrights, trademarks, domains, logos, trade secrets, patents, and other intellectual property rights that have existed, do, may or will exist in the future ("Intellectual Property"). You may not use Premia’s Intellectual Property unless permitted under these Terms or with Premia’s express written consent. You retain ownership of the details, information, or other data you submit for your account or through the use of Premia’s Services.
In order for Premia to provide Premia’s Services to you to the best of Premia’s ability, you grant Premia a worldwide, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, and display the information (including any content) that you upload, store, send, or receive on or through the use of the Services. Premia will only use such rights for the limited purpose of providing Premia’s Services. In order for you to receive the Services at the best standard, Premia grants you a revocable, non-exclusive, non-sublicenseable and non-transferable right to use the Services for the sole purpose for which they were created, subject to and in accordance with these Terms. No other licences or rights are granted to you by implication or otherwise.
6. PRIVACY
For you to join the Trading Competition and use the Services, Premia must collect, store, use, share, and otherwise process certain of your personal data. To learn more about why and how your information is used, please read the following Privacy Policy, which is utilized by the provider of Premia’s user-interface and applies to all participants of the Trading Competition: https://defy.services/Privacy_Policy.pdf.
7. OTHER DISCLAIMERS
You use and accept the Services related to the Trading Competition at your own risk and at all times subject to the following disclaimers:
• The Trading Competition does not use any assets of actual value. Please understand that the competition is held on Arbitrum Goerli testnet and structured in order to simulate transactions involving assets of value, but the assets reflected in the Trading Competition do not have any “real world” value.
• The Services are each provided on an “as is” and “as available” basis without any express or implied warranties.
• No warranty is given that any information or content provided or made available by Premia is accurate, up to date, complete, or useful, that the Services will be operational, free from errors, secure, safe, or that the Services will function without disruptions, delays or imperfections.
• No warranty is given regarding the availability or uninterrupted use of the Services. From time to time, access may be interrupted, suspended or restricted, including because of a fault, error, or unforeseen circumstances, or because Premia is carrying out planned maintenance;
• Premia does not control, and is not responsible for controlling, how or when users use the Services.
• Premia is not responsible for and is not obligated to control the actions or information (including content) of users or other third parties. The forgoing disclaimers will apply to the fullest extent permitted by applicable law.
8. LIABILITY
Premia accepts liability for any losses you may suffer as a result of Premia not complying with obligations under the Terms with you, or as a result of Premia’s negligence or fraud. For any other losses or damages for which Premia is found liable, Premi’s aggregate liability towards you for all claims during Premia’s relationship with you shall not exceed EUR 100. To the extent permitted by law, you agree to defend, indemnify, and hold harmless the Premia Group from and against all liabilities, damages, losses, and costs (including reasonable legal fees and costs) relating to, arising out of, or in any way in connection with any of the following: (a) your access to or use of Premia’s Services; (b) your breach of Premia’s Terms; or (c) any misrepresentation made by you.
9. TERMINATION OF THESE TERMS
Premia may, at any time, disable your access to the Services (either indefinitely or for a set period of time) and/or terminate your access and use of any or all of the Services (including any services of Premia’s group companies) for any reason, including if any of the following occur:
• Premia suspects you are using the Services for, or permitting the Services to be used for, criminal or fraudulent purposes;
• Premia suspects you are located or established in a Restricted Country;
• Premia suspects someone is using your account without your authority;
• Premia suspects or identify that you are not eligible to use the Services;
• your behaviour toward Premia’s staff makes it difficult for Premia to deal with you;
• you do not accept any updated versions of these Terms; or
• Premia suspects you have violated these Terms.
You also have the right to cease using the Services at any time.
10. GENERAL
In addition to any other terms and conditions within these Terms, please be aware of the following:
• Entire Agreement: Unless stated otherwise by Premia, these Terms make up the entire agreement between you and Premia regarding your use of the Services.
• Waiver: Any waiver of any Terms or obligations or rights hereunder is not permitted without Premia’s written consent.
• Third Parties: Except as stated or contemplated herein, these Terms do not give any third party any rights.
• Severance: If any provision of these Terms is deemed illegal, unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from Premia’s Terms and shall not affect the validity and enforceability of the remaining provisions.
• Governing Law and Jurisdiction: Any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms or their subject matter may only be pursued under the laws of the British Virgin Islands and within that jurisdiction.
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